Issues In Dispute Research Articles

The Dispute over the Geographical Application of the Svalbard Treaty: Into a New Phase, An Essay in Honor of Ted L. McDorman

Under the 1920 Treaty concerning the archipelago of Spitsbergen (Svalbard Treaty), the contracting parties recognize the full and absolute sovereignty of Norway over the archipelago. The sovereignty is to be exercised subject to the stipulations of the Treaty, which include equal rights of the contracting parties to fish and hunt on the territory of Spitsbergen and its territorial waters. Consistent with the developments of the law of the sea, Norway has claimed sovereign rights over the continental shelf and established 200 nautical miles (NM) zones off its coast, including Svalbard. Norway established a 200 NM Fisheries Protection Zone off the coast of Svalbard. Several contracting parties claim that the equal rights under the Svalbard Treaty are applicable in the maritime zones claimed or established after 1920. This is disputed by Norway by referring to the wording of the Treaty, which stipulates that it is applicable within the 12-NM territorial waters. Owners and captains of vessels flagged in other contracting parties have protested and argued that the arrest and prosecution for illegal fishing in the 200-NM zone off Svalbard violated their equal rights of fishing. The Court had not addressed the question of the applicability of the Treaty provisions until 2023. In a civil case before the Supreme Court, a Latvian shipowning company argued that the snow crab regulations on the continental shelf in the Barents Sea were void as they violated the equal rights of contracting parties under the Svalbard Treaty to fish on the continental shelf. The Supreme Court concluded that the treaty provisions were not applicable beyond the 12-NM territorial sea of the archipelago. An attempt by the same company at international litigation through investment arbitration was also unsuccessful. As the dispute issue is settled within the Norwegian legal system, the dispute enters into a new phase.

Restriction of Passive Suffrage in the Legislation of the Russian Federation

Introduction. Suffrage is one of the most frequently reformed areas of the national legislation of the Russian Federation. Permanent law making activity and its further interpretation in the frame of law enforcement practices of holding the elections to public authorities not only fail to resolve the disputable issues, but arise the new ones referring to the electoral system regulation. The most important objective in the present day studies of the passive suffrage is to identify the legal collisions and make proposals for filling in the legal gaps encountered by the law enforcers in the context of the tasks set forth before them, i.e. to ensure implementation of the passive suffrage of the candidates. Nowadays, the need to carry out the legal analysis of the impact imposed by the conceptual legislative innovations on using the right to passive suffrage has become evident. The aim of this paper is to analyse the existing restrictions of passive suffrage, as well as to study the eligibility and limits of these restrictions.Materials and Methods. In the article, the recently published works of native scientists, the mass media materials, federal legislation, decisions of the Constitutional Court of the Russian Federation in the studied area, the regulatory legal acts adopted by the Central Election Commission of the Russian Federation, as well as the results of the work of the election commissions have been analysed. The study was based on such commonly accepted methods of scientific cognition as the dialectical and dogmatic-legal methods, as well as the methods of analysis, synthesis, induction and deduction.Results. The issues of legitimacy of establishing the additional restrictions to the rights of citizens have been investigated. The conclusion has been made not only of great importance to protect the human rights and freedoms, but of urgent need to comply with the legal restrictions of these rights. The concepts of restrictions and violations of the human and civil rights and freedoms have been differentiated, and the statutory expression of the suffrage restrictions has been analysed. Except for the constitutional provisions (legal capability and criminal record), the content of the additional restrictions introduced at the federal level and referring to the age, residence qualification, presence or absence of a criminal record of committed crimes and torts of extremism has also been disclosed.Discussion and Conclusion. The essence of the passive suffrage restrictions implies imposing the certain requirements and conditions on a person for him to acquire the eligibility to stand as a candidate in the elections to the public authorities. The system of suffrage restrictions is designed to ensure the high-quality of formation, complete functionality and professionalism of the elected authorities and officials, however could also become a tool for fighting against the opposition.

Language and Social Issue Relationship: Journal and Speeches on the South China Sea Dispute

The paper made use of and deconstructed some of the extracted salient texts and some speeches from published articles which can relate to the language’s relationship with social issues from correspondents criticizing former President Duterte about the South China Sea dispute; on his independent foreign policy and his alleged ruthless anti-criminality campaigns specifically on the war on drugs. The introduction details how the social issues of the Philippines-China dispute on the South China Sea began. In Section 2, some salient extracted texts in subsections 2.7 and 2.8 were deconstructed and analyzed using the combined analytical lenses of the Language of Peace, and Media Content theories. The analysis reveals that the language used in both published articles was predominantly integral to violence such that under the journal there were 83% violent social issues and 17% integral to peace, and under the speeches, 79% % violent social issues and 21% integral to peace with only 21%. On the other hand, as regards PH-China South China Sea disputes, as many as 36% of social issues favored Pro-peace Advocacy or preferred bilateral negotiation in contrast to 64% favoring Pro-Confrontational Advocacy, or legal offensive as with the Hague and with the UNCLOS.

A new methodological quest to evaluate South Korean digital diplomacy in US government web domains

This study employs a novel methodological approach to evaluate the effectiveness of South Korea’s digital diplomacy within U.S. government web spaces. Given the United States’ experience with modern digital public diplomacy, its foreign policy has a significant impact on both Korea and Japan. We examine how key issues in the Korea-Japan territorial dispute are perceived and preserved on U.S. government web spaces, as well as their effects on the public. The study used web archives for data collection, as well as a composite analysis combining web impact studies and semantic network analysis. The analysis revealed that Japan’s digital public diplomacy is more prominent, primarily through online media operated by the U.S. Embassy in Japan. This suggests that Korea needs strategies similar to Japan’s, leveraging digital technology and media.

Reflections from Chinese and Japanese Physicians on Medical Disputes

Physician–patient disputes are a major problem in healthcare. Physician–patient conflicts, workplace violence, and direct involvement in disputes have a significant negative impact on the well-being of physicians. China and Japan have similar cultures but differing healthcare systems. The present study aimed to examine and compare the experiences and perceptions of Chinese and Japanese physicians regarding medical disputes. Qualitative descriptive content analysis was performed for 18 cases from each country to assess the major issues involved in each case and their impact on the physicians. Common issues in medical disputes for both countries included monetary motives of patients and/or families, violence/threats from patients and/or families, the inability of patients and/or families to understand the risk of complications, and the uncertainties of medicine. The serious impact of medical disputes on the mental health and professionalism of physicians was also an issue shared by physicians of both countries. There were, however, differences in the magnitude and frequency of these issues between the two countries. Pre-existing distrust of physicians among patients and/or families was noted only by Chinese physicians, and insufficient information disclosure by physicians was noted only by Japanese physicians. In conclusion, there were similarities and differences between the two countries in the perceptions of physicians regarding medical disputes. Our analysis revealed differing healthcare situations due to cultural and institutional differences as well as universal problems intrinsic to medicine. Based on our results, we propose several key principles to improve the physician–patient relationship.

The ethnic conflict over Karabakh in the context of the activities of the military-political representations of the Great Britain in the Transcaucasia (1918-1920)

In 1918-20s the steps of military politics of Azerbaijani were directed towards the frustration of Armenian State system. With this intention, Andranik’s and Dro’s forces were taken out, with the help of British generals Thomson and Shutleworth. This allowed Azerbaijani families on the 21 of August in 1912 make the Armenian council In Karabagh temporarily obey Azerbaijani Government till the solution of this disputable issue by the French conference of allied union, which was one of the beforehand planned cunningsteps of Azerbaijani government. In reality, as a result t of later important military changes in the Republic of Armenia and as a result of mutually beneficial agreement between Russian and Kemal Turkey as well as taking into consideration the evident connivance of allied powers during 1920-23 Azerbaijani managed to capture not only Nachijevan, but Karabagh and other Armenian lands, as well, the struggle for which restarted in 1988-1990.

The Hidden Dangers of Land Disputes: Why Proof of Ownership Matters in Civil Lawsuits

One of the legal issues regarding civil lawsuits related to land and building rights is "whether or not the description of evidence of ownership of land and building rights is mandatory in the description of the lawsuit". This still causes dualism because there is a legal vacuum in this regard. The objectives of this article are: 1) Analyze the position of the description of proof of ownership in a lawsuit regarding land and building rights issues; and 2) Analyze the ratio decedendi regarding the parsing of proof of ownership in a lawsuit regarding land and building rights issues. This research is doctrinal research with statute, conceptual, and case approaches. The results of this study are, first, related to the description of evidence of ownership of land rights in the lawsuit as a formal requirement of the lawsuit in the issue of disputes over land and building rights is an obligation then the lawsuit can be qualified as an obscure lawsuit (obscuur libel), and of course the juridical consequence is that the lawsuit cannot be accepted (niet ontvankelijke verklaard). Second, from the consideration of the panel of judges in the Cibinong District Court Decision Number 216/Pdt.G/2023/PN Cbi. and District Court Decision 15/PDT.G/2011/PN. GORONTALO, it can be concluded that according to the Panel of Judges, the description of evidence of ownership of land rights in the lawsuit is a formal requirement that must be fulfilled.

Research on the Legal Relationship between Tax Treatment and Tax Penalty under the Background of Judicial Remedies

The diversity of tax processing decisions and tax penalty decisions, as well as the complexity of taxpayers seeking remedies, have sparked many controversies in practice and theory. There have been cases where some taxpayers file lawsuits against tax penalty decisions in order to revoke tax processing decisions. The courts have different opinions on this matter, and long-term coexistence of different opinions will hinder the unity of tax enforcement standards and the maintenance of tax management order. This article is divided into four parts. Through legal analysis of the problems exposed in the administrative penalty case of "Jushantang" Pharmaceutical Group, unique ideas are provided for the controversial practical issues, effectively promoting the prompt resolution of conflicts and social harmony and stability. The first part of this article introduces the concept and types of judicial remedies, as well as the legal basis of tax treatment and tax penalties. The legal relationship between tax treatment and tax penalties under the background of judicial relief is the research object of this article. After reasonable division, the basic theory of judicial relief is clarified, and the legislative and practical status of tax treatment and tax penalties is explored, providing theoretical support for this study. The second part elaborates on the administrative penalty case of "Jushantang" Pharmaceutical Group, extracts the core issues in the case, and raises the issue of the correlation between tax processing decisions and penalty decisions through this case. The following text will conduct a legal analysis around related administrative acts. The third part provides specific solutions to the core issues extracted from the case, by abolishing the "pre tax payment" rule and constructing an administrative self correction system to solve the problems from a legislative perspective, providing taxpayers with more comprehensive relief channels. At the same time, in judicial practice, the exercise of taxpayer relief rights is guaranteed through the court's judicial recommendations and the Supreme Court's issuance of guiding cases, and the issue of judicial disputes is resolved from the source. The fourth part draws the conclusion of the article. This article believes that due to the complexity of tax dispute relief channels and the diversity of practical situations, it is not advisable for some taxpayers to file a lawsuit against tax penalty decisions to revoke tax processing decisions, which is a way to avoid the "double pre emptive" relief rule. In response to this, the "pre tax payment" rule should be abolished, the threshold for taxpayers to seek legal remedies for tax disputes should be lowered, and the conditions for legal remedies should be relaxed.

Patterns of Ethnic Conflict and Challenges of Rural Integration in Gombe South Senatorial District, Gombe State

Ethnic conflicts have dotted the historical landscape of the peoples of Gombe South Senatorial Districts as well as contemporary issues are central to these prolonged ethnic conflicts and violence. This study therefore examines the patterns of ethnic conflicts and challenges of rural integration in Gombe South Senatorial District. The study adopted the mixed-method in data collection. A total 365 sample were drawn from 384 populations as well as 24 key informants for the interviews. The study found out among others that; the immediate cause of the crises was the long-standing issue of boundary and land disputes between these communities, lack of economic opportunities also serves to cause crises, the failure to accurately demarcate the boundaries has eventually deteriorated the strong bound relationship and that these communities shares together, the conflicts have negatively affected the economic, social, and political sectors of the areas. During such conflicts, many lives -were lost and properties running into millions of naira were also lost, the conflicts succeeded in limiting social interaction and harmony amongst the people. The crises have also resulted in the sharp increase in the number of widows and orphans leading to prostitution, unemployment, school dropout etc. The conflicts have affected the voting. and campaign patterns, democratic values and norms. The conflicts also delay viable political transition and consequently the aspiration of producing a Governor of Gombe State despite being the most literate region in the state. The study concludes that sincere governmental schemes and efforts must be established by government to achieve social and distributive justice for all people in the country. For where there is justice there will be peace and where is peace, there will be no conflicts.

What about Whataboutism?

ABSTRACT In some recent literature, ‘whataboutism’ is analysed as a sometimes-reasonable argument or claim about inconsistency on an issue of dispute, akin to the ad hominem tu quoque. We argue that this doesn’t capture the peculiarly meta-argumentative failure (or success) of ‘what-about’ appeals. Whataboutist moves are appeals to evidence about whether one has assessed the total evidence or has made the right contrasting consideration and so need not be failures of consistency on the first order. Consequently, whataboutism is best theorized as a meta-argumentative fallacy. We argue, in light of this observation, whataboutism can come in two forms: the second-personal, which takes inconsistency to be an indicator of meta-argumentative issues, and the third-personal, which makes the case that there is a failure of total evidence.

Eurasian bilingual hydronyms nominations with the components "ak/kara"

Toponyms, not just geographical names, carry historical, geographical, and linguistic information and provide rich evidence of epochs. The names of places mirror the culture and lifestyle of people related to them and have unique features. Toponymical researches have a long history, however, there are some problems that complicate the interpretation of toponyms. Disputable issues related to the definition of toponyms sources require greater attention from linguistics, and historical and geographical sciences. The present study aims to explore Turkic hydronyms with the components "aq/ak" and "qara/kara" to identify their nomination specificity. The descriptive research design employs the methods of a complex linguistic and etymological analysis. The research data comprises of Turkic hydronyms, naming bodies of water located in the territory of the Eurasian space – Afghanistan, Armenia, Kazakhstan, China, Kyrgyzstan, Mongolia, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan. The conducted study demonstrates that the nomination of the hydronyms with the components "aq/ak" and "qara/kara" is not related to the color specifics of the bodies of water. The hydronyms with the component "aq/ak" name the water resources that are mountain snowy waters and originate from glaciers, whereas the component "qara/kara" in Turkic hydronyms indicates the spring origin of waters.

Re-negotiating the Cauvery River Water Dispute in Changing Geopolitics and Ecological Era

For hundreds of years, conflicts in water sharing have existed all around the globe. Cauvery River, in the southern part of India, has been in the midst of such conflict for the last 130 years. The Cauvery conflict between Tamil Nadu and Karnataka resurfaces whenever there's a shortfall in the Southwest Monsoon in the region. Historically, the conflict has been about the right to use water and the states/provinces in conflict have used the water from the river for agricultural purposes. Due to industrialization in the late 1980s and increasing population, water availability in the region has become stressed. The paper is an attempt to analyse the history and recent issue of Cauvery river water dispute. The paper also highlight the climate change that exacerbated the region’s water availability issues. Faltering rainfall has caused unrest in the region, and the traditional methods of water sharing are dwindling under political pressure. The purpose of this paper is to suggest the solution to Cauvery river dispute lies in effective water conservation strategy. Without a climate change strategy, the governments of these states will never be able to solve this complex issue at hand. Here's an in-depth study of historical, political and ecological aspects of this dispute.

DECOMPOSITION OF RIVER HYDROGRAPHS TAKING INTO ACCOUNT DATA OF HYDROGEOLOGICAL OBSERVATIONS

In the case of absence of reliable information on fluctuations of levels and hydraulic parameters of aquifers within a large catchment, the method of river hydrograph decomposition can be used to assess groundwater component and other constituents of river water recharge. The difficulties and shortcomings of this method, which relies on specific schematizations and assumptions, are analysed and discussed. We propose to take into account the results of calculations of lateral groundwater inflow to the river accomplished using the numerical method based on observations at representative balance sites in order to improve the accuracy of the method of decomposition of the river hydrograph. A proper schematization should also be justified for river catchment (or its part), which describes the interaction of surface water, shallow groundwater, and artesian (deep) interlayer waters, which provides rationale for defining or neglecting groundwater inflow to river during the flood periods. The most disputable issue remains the allocation of the phase of “reverse water inflow to river banks” during flood periods. The groundwater level rise at the beginning of the flood results from the infiltration recharge to the aquifer and from inflow of water from the river. The contribution of inflow to river bank to groundwater level rise is dependent from the distance from the river to the observation well. To establish hydraulic head gradient from the river towards the adjacent groundwater aquifer at flood peak, at least two observation wells are needed, one of which should be located 3–4 m from the river water edge on the elevated part of the bank which is not flooded, and the other should be located 50–70 m from the bank towards the watershed. It is proposed that the phase of maximum groundwater inflow to the river should be adjusted based on the dates of the beginning and ending of the groundwater level decrease during the recession of the river flow during the flood period. The combined application of the described above methods showed that the use of only hydrograph decomposition method underestimates the share of groundwater recharge to the river by 2–5%. Based on the analysis of the Pivdennyi Buh River hydrographs during the 1980–2020 period, general tendencies of changes in the shallow groundwater and deep subsurface recharge of the Pivdennyi Buh River in its upper basin (upstream of the city of Khmilnyk) have been established: deep subsurface recharge prevailed over the shallow groundwater component (33.4 compared to 25.0% of the total). At the same time, the total subsurface runoff constituted on average 58%.

Influences of Pressure and Green Supply Chain Management on Sustainable Performance of Green Manufacturing Industry in Thailand

Introduction: Green industries play an important role in economic and social development. The market situation is an important factor for the organizations to be developed with regard to technology, regulations of the government, stakeholders, and the competitors, which all affect the revenue of the companies that are faced with the pressure. Thus, the companies implement the Green Supply Chain Management to obtain advantages over their competition. The Green Supply Chain Management increases the competitiveness and resolves the trade dispute issues. The Green Supply Chain Management is a convergence of the elements of environmental management and supply chain management of the organizations that Thai manufacturers cannot avoid. Objective: This study aims to develop the pressure model and green supply chain management that affect the sustainable performance of green industries in Thailand Method: The study uses a Quantitative Research method, and the data was collected using a survey of 250 factory managers as well as analysis with the structural equation model (SEM). Results: The findings reveal that Pressure has a positive direct effect on sustainability performance and Green Supply Chain Management. And, Green Supply Chain Management (GSCM) has a positive influence on sustainability performance. Conclusion: Pressure and Green Supply Chain Management positively impact the Green Manufacturing Industry's sustainability performance. Furthermore, Market Needs, Regulations, Stakeholders, and Competitors have a significant impact on the improvement of the competitiveness of organizations. They also promote social and community responsibility throughout the supply chain, enhancing the competitiveness and sustainability of the Green Manufacturing Industry in Thailand in order to develop sustainable economic and social environments.

Chinese expert consensus on the surgical treatment for adenocarcinoma of esophagogastric junction (Edition 2024)

The publication of Chinese expert consensus on the surgical treatment for adenocarcinoma of esophagogastric junction (2018 edition) has widely accelerated the standardization and homogenization on the surgical treatment of adenocarcinoma of esophagogastric junction (AEG). In China, the surgical outcomes of AEG, the universality and practicability of this consensus has also been affirmed after the clinical practice during the past 5 years. Due to the persistent increasing incidence of AEG, the specificity on anatomic site, clinicopathological characteristics, molecular biological characteristics, AEG had been always the hotspot of many clinical trials and more clinical evidences had been published. However, its definition, classification, staging, surgical approach, resection pattern, extent of lymphadenectomy, and the digestive tract reconstruction etc. remain controversial. In light of the above, it is necessary to update the 2018 edition of consensus. The Chinese expert consensus on the surgical treatment for adenocarcinoma of esophagogastric junction (2024 edition) is generated based on the currently available and best clinical evidence, the latest global guidelines or consensuses, and the opinions from the Chinese expert panel. The present consensus focuses on the key points of surgical treatment and issues in dispute, and provides scientific recommendations. The goal of this expert consensus was to improve the homogeneity in understanding and practice between Chinese thoracic and gastrointestinal surgeons, and to further standardize surgical treatment of AEG. Those pending issues in this consensus need high-quality clinical research to further investigate.

Decision Support System Legalization Of Distribution Substation With Priority Weighting Bayes Method

PT PLN Batam is a national company operating in the field of electricity in the Batam region. As of December 2023, the number of customers is 367,709. Electricity consumption on Batam Island continues to increase with an average annual growth of 6.39% (2013-2023), and the average customer growth is 4.07% per year (2013-2023). This growth is accompanied by an increase in the assets of electricity distribution equipment, especially distribution substations. Distribution substations in PT PLN Batam consist of two types: concrete distribution substations and portal distribution substations. The total number of distribution substations as of December 2023 is 1,849. Distribution substations are vital distribution assets, requiring proper handling, especially regarding legal ownership of the land occupied by the substations. Land issues primarily occur in locations where distribution substations are situated in business centers or along main road medians. With the continuous increase in distribution substations, land legalization issues also escalate. To mitigate the risk of these land issues, PT PLN Batam implements the Decision Support System for the Legalization of Distribution Substations with Priority Weighting Bayes Method. This method, a qualitative approach, involves ranking distribution substations based on the highest to lowest risk. The goal of implementing the Bayes method is for the company to prioritize which distribution substations need to be legalized first and minimize land dispute issues in the future.

The historiography of the Dniester war. Transnistria - from roots to separatism

Examining the level of research on the issue of the Transnistrian dispute and finding that the opinions on this subject are not univocal, we considered it necessary to separately analyze the historiography of the armed conflict in Transnistria (the war), starting from the roots of the formation of this region and up to the first steps of separatism, calling to the works of authors from the Republic of Moldova, including from the Transnistrian region, from Romania and from Western countries. In order to see the whole picture, we need a more complex approach to this problem, and in this study, we have tried to succinctly point out the most important events, with the aim that those interested in the given theme can see the whole picture.

The Impact of the Sino-US Intellectual Property Cases on the Evolution of Chinese Law and the Future Globalization Trend of Chinese Law from the Perspective of the WTO

Abstract This paper critically examines the trade relations between China and the United States, with a particular focus on the sensitive issue of intellectual property rights (IPR) trade frictions and disputes. It delves into the root causes of IPR conflicts between the two nations by analyzing IPR cases that have arisen since China acceded to the World Trade Organization. Notably, during the period from 2001 to 2016, the United States initiated a total of 243 “337 investigations” cases against China, which represents 77.66% of all such investigations targeting China. This study also considers the strategic implications of these cases and assesses the impact of the evolving IPR system in China. In 2008, China’s IPR policies were notably centered on enhancing protection, which is reflected in text mining results where the keyword “protection” emerged as one of the top eight high-frequency words, with occurrences ranging from 25 to 73. Furthermore, this analysis forecasts the future trends in China’s legal globalization, informed by the evolution of its intellectual property law.

Penyelesaian Sengketa Kepemilikan Atas Tanah Antara Para Pemegang Hak

Various issues of land disputes in Indonesia often cause polemics that drag on in social life, moreover land is a natural resource that has high value. The Basic Agrarian Law is the basis for legal protection which also creates derivative regulations to resolve land cases. The information in the certificate of land rights must match the physical data and juridical data recorded in the measurement letter and the land book concerned. This clarity and consistency provides legal certainty and prevents ambiguity. In essence, the principles of justice and legal certainty are the main ones and must be given to the community, especially to the disputing parties. This study discusses efforts to resolve land ownership disputes. Using normative research methods, land dispute resolution begins with administrative procedures for government agencies, in this case by the National Land Agency, through mediation, to litigation by the General Court and the Arbitration Board. Keywords: Land Disputes, Rights Holders.

A Study on the Major Issues of Screen Golf Copyright Disputes and Policy-level Implications for Establishment of Metaverse Infrastructure

A Study on the Major Issues of Screen Golf Copyright Disputes and Policy-level Implications for Establishment of Metaverse Infrastructure